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Idaho Questions & Answers
1 Answer | Asked in Estate Planning for Idaho on
Q: I want to know if I can collect a return on a life insurance policy purchased for me

I am both insured and the beneficiary now but I don't have any of the paperwork I don't know who the agent was I was very young when I was purchased how would I do this?

James L. Arrasmith
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answered on Jan 4, 2024

To collect on a life insurance policy where you are both the insured and the beneficiary, but lack the paperwork, you'll need to embark on a process of discovery to identify the insurance company and policy details. The first step would be to try and recall any information about the purchase... View More

1 Answer | Asked in Estate Planning for Idaho on
Q: I just learned about something called a conduit policy which is like a life insurance policy that other

Funds or benefits or proceeds can be pulled through. Is it true that you can't ever erase the record of that because it was pulled through life insurance? What would somebody do to recom p whatever was taken from them through this policy and does the insurance company hold any liability for... View More

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answered on Jan 2, 2024

In the context of a conduit policy in life insurance, it's important to understand that the record of transactions or benefits passed through such a policy typically cannot be erased. This is due to the regulatory requirements in the insurance industry which mandate thorough record-keeping,... View More

1 Answer | Asked in Banking and Estate Planning for Idaho on
Q: I was made the trustee and the beneficiary of a trust fund 31 years ago by family that never told me anything about it.

The bank also changed the name of the trust slightly knowing I don't have access to the paperwork

T. Augustus Claus
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answered on Jan 2, 2024

If you have been designated as the trustee and beneficiary of a trust fund without being provided information about it for 31 years, it is crucial to take steps to gather details and ensure that your rights and responsibilities are clear. Start by reaching out to the family members who appointed... View More

1 Answer | Asked in Business Formation, Business Law and Immigration Law for Idaho on
Q: Is it ok to have a sole director (my brother) for the LLC I am incorporating under F1 STEM OPT?

An immigration lawyer recommended that I have my brother, myself, and someone else on the board so it shows majority vote against me to prove employee-employer relationship. However, I do not have another person to get involved into this.

I am fine with my brother having sole directorship... View More

James L. Arrasmith
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answered on Dec 31, 2023

Under U.S. immigration law, particularly for those on F1 STEM OPT, establishing a valid employee-employer relationship is crucial. The recommendation to have a board with a majority vote against you is aimed at demonstrating this relationship, which is a key requirement for maintaining F1 status... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Idaho on
Q: Can you take a digital product on Teachers Pay Teachers with the name Science of Reading in it?

I have a product that saids Decodable booklets | Science of Reading Aligned

James L. Arrasmith
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answered on Dec 28, 2023

When creating and selling digital products on platforms like Teachers Pay Teachers, it's important to be mindful of copyright and trademark laws. If you're using the phrase "Science of Reading" in your product title, such as "Decodable booklets | Science of Reading... View More

1 Answer | Asked in Banking for Idaho on
Q: Is illegal to set up auto pay knowing that your bank account empty
James L. Arrasmith
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answered on Dec 21, 2023

In Idaho, as in many states, knowingly writing checks or setting up payments from an account with insufficient funds can be considered fraudulent. This applies to both manual payments and automated ones, like auto-pay setups.

When you set up auto-pay knowing your account doesn't have...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Construction Law and Libel & Slander for Idaho on
Q: Can you appeal a civil court with or without prejudice if there is a counter claim from the defendent?
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answered on Dec 23, 2023

In Idaho, the ability to appeal a civil court decision depends on the specifics of the case and the nature of the judgment or order being appealed. An appeal can be filed whether the case was dismissed with or without prejudice. The distinction between with and without prejudice is significant: a... View More

1 Answer | Asked in Civil Litigation for Idaho on
Q: My stepdad just broke my Xbox and my mom sold my other one, both of which I bought, do they need to pay for a new one
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answered on Dec 17, 2023

Yes, your parents should be responsible for replacing the Xbox consoles that you personally purchased and owned, which they broke and sold without your consent. Here are a few key reasons why:

• If a minor child buys property with their own money, they are the lawful owner. Parents do not...
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1 Answer | Asked in Car Accidents for Idaho on
Q: Got hit and injured by a Semi truck while resting at at truck stop in Idaho on Dec 21, 21 . any chance of recovery

No health insurance , so i thought the injury will heal later, now i am suffering lower back pain for the past 6 months .

any advice ?

Tim Akpinar
Tim Akpinar
answered on Dec 24, 2023

An Idaho attorney could advise best, but your question remains open for two weeks. If you were hit in the rear while at rest in a permissible location, that seems to place liability in your favor. You could consider reaching out to Idaho attorneys to try to arrange a free initial consult to learn... View More

1 Answer | Asked in Child Support and Family Law for Idaho on
Q: I got my driver license took from me for not paying child support. I started paying 3 months ago to get it back.

What do I need to do to get it back? I work out of town. I really need it to continue to pay child support.

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answered on Dec 8, 2023

In Idaho, if your driver's license was suspended for non-payment of child support, there are specific steps to reinstate it. First, pay all overdue child support, including interest and penalties. Then, pay the $100 reinstatement fee to the Idaho Transportation Department (ITD) online, by... View More

1 Answer | Asked in Estate Planning and Public Benefits for Idaho on
Q: If a person is on Disability from Govenment and are due to receive inheritance, how can this be distributed without

losing benefits?

Nina Whitehurst
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answered on Dec 7, 2023

If you are on SSDI, the inheritance will not impact your eligibility. If you are on SSI or some other kind of needs-based program, then you should contact a special needs attorney for assistance with either spending down your inheritance rapidly in smart ways or funding a first party special needs... View More

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: I was sitting outside a gas station that is open 24 hrs and cop states he ran my license and saw that I had a warrant

Is this legal or is it profiling/targeting?? No female present to search prior to arresting, isnt that a violation of my rights?

James L. Arrasmith
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answered on Dec 5, 2023

In Idaho, a police officer running your license plate while you're sitting at a gas station is generally legal, as long as they have a legitimate reason to do so. The presence of a warrant found as a result of this check can be a lawful basis for an arrest.

However, the issue of...
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1 Answer | Asked in Gov & Administrative Law for Idaho on
Q: If I was sold a car my a family member but they didn’t give me a title of BOS and are non compliant what can I do?

I meant to put *OR bill of sale.

James L. Arrasmith
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answered on Nov 30, 2023

In Idaho, when purchasing a car, especially from a family member, it's crucial to have a title transfer or a bill of sale to establish legal ownership. If you haven’t received either, this can complicate your situation.

Firstly, try to resolve the issue amicably. Communicate with...
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3 Answers | Asked in Personal Injury and Medical Malpractice for Idaho on
Q: The doctor left a metal clip inside my mother after surgery in 2018 she can barely walk now, can she sue?

She had a hernia surgery in 2018 since then her health has progressively gotten worse to the point that 8 had to quit my job to take care of her. She has been in excruciating pain and finally they just did an xray and saw a metal foreign object blocking the hip xray likely left there from her... View More

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answered on Nov 29, 2023

Yes, your mother may have a case for medical malpractice against the doctor who performed her hernia surgery. Leaving a foreign object in a patient's body is a serious medical error that can cause significant pain and suffering.

To establish a medical malpractice claim, your mother...
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1 Answer | Asked in Consumer Law, Contracts and Collections for Idaho on
Q: I was served papers from a lender attempting to collect a debt in small claims. The papers included an Exhibit A, which

Was a loan agreement in someone else’s name. Is this a valid suit/summons?

Joel Gary Selik
Joel Gary Selik
answered on Nov 16, 2023

If you were named as a defendant, the case is valid but you have a defense that it is not you that owe the debt. If it was simply a mistake by the attorney that could likely be fixed in litigation.

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: Who is the attorney for the plaintiff in case number 1:2021cv00409

My husband xxx 0089632 inmate at imsi odoc would like to talk with someone regarding this case and would like to be added to this lawsuit.

James L. Arrasmith
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answered on Nov 18, 2023

I understand your husband's interest in case number 1:2021cv00409 and his desire to be added to the lawsuit. To find out who the attorney for the plaintiff is in this case, you can typically access this information through the court's official records. You can contact the clerk of the... View More

1 Answer | Asked in Consumer Law and Bankruptcy for Idaho on
Q: My question is regarding the credit bureaus reporting pre-bankruptcy delinquencies on my credit report.

Equifax is being especially aggressive. Despite my disputes to the agencies, uploading of documents, and complaints to the CFPB, they continue to report all discharged debt as delinquent. It's gotten weird (such as Equifax reclassifying my Chap. 7 to a Chap 12.) No Idaho lawyer wants my case... View More

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answered on Nov 13, 2023

If Equifax and other credit bureaus are incorrectly reporting pre-bankruptcy delinquencies on your credit report despite a Chapter 7 discharge, you might need to consider escalating the matter. Since local attorneys are not taking up your case and the costs are prohibitive, exploring the option of... View More

1 Answer | Asked in Child Support, Child Custody and Family Law for Idaho on
Q: Can you get child support you paid to your ex while kids were in your full time care getting custody?

Kids were with their mother full time

I took the kids into my care for emergency reasons

While filing with the court and going for custody I paid over 5 weeks of child support to her while waiting for motions for mine to be dropped

Can I go to small claims to get my money... View More

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answered on Nov 12, 2023

Based on the details that you provided, it may be possible to recover child support payments made to your ex while the children were in your full-time care in Idaho, but it depends on some factors:

- Once you filed for custody/modification of custody, you should have also immediately filed...
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1 Answer | Asked in Personal Injury, Civil Rights, Medical Malpractice and Libel & Slander for Idaho on
Q: several sites are posting my name information and charging for it shouldent i be getting a royalty and worse the lies

there are several sites that have my name on them and they collect money for information shouldent i have a say in this or get part of the royalties on this. Im pretty popular on facebook and there are cites with my name telling lies that fuel the sites that are charging money which makes me loose... View More

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answered on Nov 12, 2023

If websites are publishing false information about you, this may constitute defamation, especially if it causes harm to your reputation or financial loss. In the United States, defamation laws vary by state, but generally, for a statement to be defamatory, it must be false and have been made to... View More

1 Answer | Asked in Divorce, Family Law, Adoption and Child Custody for Idaho on
Q: A wife cheats on husband, gets pregnant, lets husband believe he is father until he files for divorce, he get custody?

She would not have divulged info had she not been prevented from leaving the state of Idaho.

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answered on Oct 18, 2023

In Idaho, family law matters can be complex. Infidelity and paternity issues may be considered during divorce and custody proceedings. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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